In the latest episode of Madison’s Notes, I spoke with Janie Nitze, co-author of Over Ruled: The Human Toll of Too Much Law (Harper, 2004), a book written alongside Supreme Court Justice Neil Gorsuch. Janie, a Harvard-educated attorney and former clerk for Justices Sonia Sotomayor and Neil Gorsuch, discussed the growing complexity of laws in America and their impact on everyday citizens. The book shares stories of ordinary Americans—fishermen in Florida, families in Montana, monks in Louisiana, and more—who find themselves caught in legal mazes created by an overwhelming and often opaque system of regulations.

Janie explained that while laws are necessary to maintain order and freedom, the sheer volume and complexity of modern regulations can undermine those principles. She highlighted how excessive laws, many of which are created by unelected agency officials, disproportionately affect those without wealth or power. Through these stories, Over Ruled shows how overregulation can erode trust in the legal system and create unintended consequences for individuals navigating their lives.

Janie’s perspective, shaped by her work at the Supreme Court, the Department of Justice, and the Privacy and Civil Liberties Oversight Board, provided a clear look at the challenges of balancing regulation and individual liberty. Over Ruled is a timely exploration of these issues, and this episode offers a deeper understanding of the human cost of too much law. Tune in to hear Janie’s insights and learn more about the stories behind the book.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

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